House of Lords Journal 232 (Session 1998-99)


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Page 621

1998-99

Volume 232      

Wednesday 21 July 1999

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Abercorn, D.
Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ahmed, L.
Ailsa, M.
Alderdice, L.
Aldington, L.
Alexander of Tunis, E.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St. Johns, B.
Annan, L.
Archer of Sandwell, L.
Archer of Weston-Super-Mare, L.
Arlington, B.
Ashbourne, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Berkeley, L.
Berners, B.
Biddulph, L.
Biffen, L.
Birdwood, L.
Blaker, L.
Blatch, B.
Blease, L.
Blyth, L.
Boardman, L.
Borrie, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Bramall, L.
Brentford, V.
Brett, L.
Bridgeman, V.
Brightman, L.
Brooke of Alverthorpe, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Butterworth, L.
Byford, B.
Cadman, L.
Caithness, E.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carew, L.
Carlisle, E.
Carnarvon, E.
Carnegy of Lour, B.
Carr of Hadley, L.
Carrick, E.
Carrington, L.
Carter, L.
Chalfont, L.
Charteris of Amisfield, L.
Chesham, L.
Clancarty, E.
Clanwilliam, E.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Cochrane of Cults, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Craigmyle, L.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cross, V.
Cumberlege, B.
Dahrendorf, L.
Darcy de Knayth, B.
Dartmouth, E.
David, B.
Davidson, V.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Downshire, M.
Drogheda, E.
Dundonald, E.
Dunleath, L.
Dunrossil, V.
Durham, Bp.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Effingham, E.
Elder, L.
Elibank, L.
Ellenborough, L.
Elles, B.
Emerton, B.
Erne, E.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ewing of Kirkford, L.
Exmouth, V.
Ezra, L.
Fairfax of Cameron, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gage, V.
Gainford, L.
Gainsborough, E.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gilbert, L.
Gladwin of Clee, L.
Glanusk, L.
Glenarthur, L.
Glentoran, L.
Gordon of Strathblane, L.
Gormanston, V.
Goudie, B.
Gould of Potternewton, B.
Grafton, D.
Graham of Edmonton, L.
Gray, L.
Gray of Contin, L.
Greenway, L.

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Gregson, L.
Grenfell, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hamilton of Dalzell, L.
Hamwee, B.
Hanningfield, L.
Hanworth, V.
Harding of Petherton, L.
Hardy of Wath, L.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrowby, E.
Haskel, L.
Hayhoe, L.
Henley, L.
Hereford, Bp.
Higgins, L.
Hilton of Eggardon, B.
Hindlip, L.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Holme of Cheltenham, L.
HolmPatrick, L.
Hooper, B.
Hooson, L.
Hothfield, L.
Howe, E.
Howell of Guildford, L.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Huntingdon, E.
Hylton, L.
Hylton-Foster, B.
Ilchester, E.
Ironside, L.
Islwyn, L.
Iveagh, E.
Jakobovits, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jellicoe, E.
Jenkins of Putney, L.
Judd, L.
Kennedy of The Shaws, B.
Kennet, L.
Keyes, L.
Kimball, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kintore, E.
Kirkhill, L.
Kitchener, E.
Knight of Collingtree, B.
Knollys, V.
Laing of Dunphail, L.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Lawson of Blaby, L.
Layton, L.
Lea of Crondall, L.
Leathers, V.
Leigh, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsey and Abingdon, E.
Linklater of Butterstone, B.
Listowel, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Long, V.
Longford, E.
Lucas, L.
Lucas of Chilworth, L.
Luke, L.
Lyell, L.
McCarthy, L.
Macclesfield, E.
McColl of Dulwich, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNair, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massereene and Ferrard, V.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Mersey, V.
Meston, L.
Middleton, L.
Milner of Leeds, L.
Milverton, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monk Bretton, L.
Monkswell, L.
Monson, L.
Montagu of Beaulieu, L.
Montague of Oxford, L.
Montgomery of Alamein, V.
Montrose, D.
Morris, L.
Morris of Manchester, L.
Mountevans, L.
Mountgarret, V.
Mowbray and Stourton, L.
Moyne, L.
Munster, E.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Napier and Ettrick, L.
Nelson, E.
Newall, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noel-Buxton, L.
Northbrook, L.
Northesk, E.
Nunburnholme, L.
O’Cathain, B.
Oppenheim-Barnes, B.
Orme, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patten, L.
Pearson of Rannoch, L.
Peel, E.
Pender, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Porter of Luddenham, L.
Portman, L.
Prys-Davies, L.
Puttnam, L.
Pym, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennell, L.
Renton, L.
Renwick, L.
Richard, L.
Ripon, Bp.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Rotherwick, L.
Rowallan, L.
Russell, E.
Ryder of Wensum, L.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Saint Oswald, L.
Sandberg, L.
Sandford, L.
Sandwich, E.
Savile, L.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Sefton of Garston, L.
Serota, B.
Sewel, L.
Shannon, E.
Sharples, B.
Shaw of Northstead, L.
Shepherd, L
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.

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Stafford, L.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strafford, E.
Strange, B.
Strathcarron, L.
Strathclyde, L.
Strathcona and Mt. Royal, L.
Sudeley, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taylor of Warwick, L.
Tebbit, L.
Temple of Stowe, E.
Teviot, L.
Teynham, L.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Macclesfield, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Thurlow, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Torrington, V.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Vinson, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Walker of Doncaster, L.
Wallace of Coslany, L.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Watson of Invergowrie, L.
Waverley, V.
Weatherill, L.
Wedgwood, L.
Westbury, L.
Whaddon, L.
Wharton, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Windlesham, L.
Young, B.

PRAYERS were read by the Lord Bishop of Hereford.

1.Lord Lea of Crondall—David Edward Lea Esquire, OBE, having been created Baron Lea of Crondall, of Crondall in the County of Hampshire, for life by Letters Patent dated in the forenoon of 20th July 1999 (see appendix 1), was introduced between the Lord McCarthy and the Lord Murray of Epping Forest, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
2.Lord Elder—Thomas Murray Elder Esquire, having been created Baron Elder, of Kirkcaldy in Fife, for life by Letters Patent dated in the afternoon of 19th July 1999 (see appendix 2), was introduced between the Lord Haskel and the Baroness Smith of Gilmorehill, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

Judicial Business

3.Regina v. Forbes (Petitioner)—The petition of Anthony Leroy Forbes praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 20th July).
4.Gardner (Petitioner) v. Commissioners of Customs and Excise (Respondents)—The petition of Dennis Albert Gardner praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 26th May).
5.Appeal Committee—The following Order was made pursuant to the 47th Report—

Dimond (Petitioner) v. Lovell (Respondent)—That the petition be referred for hearing.

6.Appeal Committee—The 55th Report from the Appeal Committee was agreed to and the following Orders were made—

Regina v. Her Majesty’s Coroner for Inner London South District (Respondent) ex parte Douglas-Williams (A.P.) (Petitioner)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

Regina v. Ghadami (Petitioner)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

Halifax plc (Respondents) v. Ghadami (Petitioner)—That leave to appeal be refused.

MSC Mediterranean Shipping Company SA (Respondents) v. Owners of the Ship “Tychy” (Petitioners)—That the respondents be invited to lodge objections by 4th August next.

Regina v. Antoine (Petitioner)—That the respondents be invited to lodge objections by 4th August next.

In re Kern (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.

Gardner (Petitioner) v. Commissioners of Customs and Excise (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

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7.Appeal Committee—The 56th Report from the Appeal Committee was made and ordered to be printed. (HL Paper 95)

Papers

8.Instrument withdrawn—The following instrument, laid before the House on 8th July, was withdrawn:

Draft Financial Services Act 1986 (Restriction of Exemptions) Order 1999.

9.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Transport—Agreement between the United Kingdom and Estonia on International Road Transport;
 (4398)
2.National Insurance—National Insurance Fund Long Term Financial Estimates.
 (4406)
10.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Account for 1998–99 of the Public Lending Right, together with the Report of the Comptroller and Auditor General, laid under the Public Lending Right Act 1979;
2.Account for 1998–99 of the Victoria and Albert Museum, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;
3.Accounts for 1998–99 of the Royal Botanical Garden, Edinburgh, together with the Report of the Comptroller and Auditor General, laid under the National Heritage (Scotland) Act 1985;
4.Report and Accounts for 1998–99 of:
(i)Companies House—
(ii)the Patent Office—
 together with the Reports of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
5.Report and Accounts for 1998–99 of the:
(i)Royal Air Force Signals Engineering Establishment—
(ii)Defence Postal and Courier Services Agency—
(iii)Royal Parks Agency—
(iv)Defence Codification Agency, together with the Report of the Comptroller and Auditor General—
 laid under the Exchequer and Audit Departments Act 1921;
6.Report and Accounts for 1998–99 of the London Pensions Fund Authority, laid under the Local Government Act 1985;
7.Report for 1998–99 of the Court Service, laid under the Courts and Legal Services Act 1990;
8.Report for 1998 of the Office of Gas Supply (OFGAS), laid under the Gas Act 1986;
9.Report for 1998 of the Office of Electricity Regulation (OFFER), laid under the Electricity Act 1989;
10.Report for 1998–99 of the Economic and Social Research Council (ESRC), laid under the Science and Technology Act 1965;
11.Report for 1998–99 of the Crown Prosecution Service, laid under the Prosecution of Offences Act 1985;
12.Account for 1998–99 of the Arts Council of England Lottery Distribution Fund, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993;
13.Report for 1998–99 of the Rural Development Commission, laid under the Miscellaneous Financial Provisions Act 1983.

Public Business

11.Company and Business Names (Chamber of Commerce, Etc) Bill—The bill was read a third time and passed.
12.Road Traffic (Use of Mobile Telephones) Bill [HL]—The bill was read a third time and passed and sent to the Commons.
13.Immigration and Asylum Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed.

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14.Western European Union—The Lord Ponsonby of Shulbrede asked Her Majesty’s Government how they see the development of the defence role of the Western European Union; after debate, the question was answered by the Baroness Symons of Vernham Dean.

The House was adjourned during pleasure.

The House was resumed.

15.Immigration and Asylum Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 91 stood part.
16.Access to Justice Bill [HL]—The bill was returned from the Commons with the Commons’ amendments to which the Lords have disagreed to not insisted on but with amendments proposed in lieu thereof and with the Lords amendment to a Commons amendment disagreed to but with an amendment proposed in lieu thereof; it was ordered that the Commons amendments be printed. (HL Bill 87)

The House was adjourned at twenty-one minutes past midnight
in the morning of Thursday 22nd July till later the same day,
a quarter-past two o’clock in the afternoon for judicial business,
three o’clock for public business.



APPENDIX 1

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved David Edward Lea Esquire Officer of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Lea of Crondall of Crondall in Our County of Hampshire

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Lea of Crondall to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster in the forenoon of the twentieth day of July in the forty-eighth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


APPENDIX 2

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved Thomas Murray Elder Esquire to the state degree style dignity title and honour of Baron Elder of Kirkcaldy in Fife

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Elder to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster in the afternoon of the nineteenth day of July in the forty-eighth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL